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2025 DAILYLAW 9848 (RAJ)

GULAB CHAND SON OF KESRILAL v. STATE OF RAJASTHAN

CRLAS/604/2025 · 2025-03-10

Uma Shanker Vyas

Criminal Appealbody2025

Judgment text

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[2025:RJ-JP:10729] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Appeal (Sb) No. 604/2025 1. Gulab Chand Son Of Kesrilal, Aged About 44 Years, Resident Of Akavad Khurd, Police Station Sarola District Jhalawar (At Present In District Jail, Jhalawar) 2. Pappu Son Of Kesrilal, Aged About 39 Years, Resident Of Akavad Khurd, Police Station Sarola District Jhalawar (At Present In District Jail, Jhalawar) 3. Bhuralal @ Dilkhush Son Of Gulab Chand, Aged About 21 Years, Resident Of Akavad Khurd, Police Station Sarola District Jhalawar (At Present In District Jail, Jhalawar) ----Accused/Appellants Versus 1. State of Rajasthan, Through PP 2. Mojiram Bhil Son Of Shri Kanwar Lal, Resident Of Akawad Kalan, Police Station Sarola District Jhalawar (Raj) ----Respondents For Appellant(s) : Mr. Santosh Kumar Jain, Adv. For Respondent(s) : Mr. Amit Kumar Gupta, P.P. HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment / Order 10/03/2025 The present criminal appeal under Section 14-A of the Scheduled Castes & the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short “the [2025:RJ-JP:10729] (2 of 3) [CRLAS-604/2025] Act of 1989”) has been filed in connection with FIR No.40/2025 registered at Police Station Sarola, District Jhalawar for the offence under Section(s) 126(2), 115(2), 117(2), 352, 110, 3(5) of BNS and under Section(s) 3-1(r)(s) & 3-2(va) of the Act of 1989. It is contended by learned counsel for the appellants that the appellants are innocent and have falsely been implicated in this case. Learned counsel further submits that the accused-appellants have been in judicial custody since long and the conclusion of the trial will take long time, hence prays for their release on bail. Learned Public Prosecutor has opposed the appeal. Taking into consideration the overall facts and circumstances of the case, but without expressing any opinion on the merits and demerits of the case, this Court deems it just and proper to enlarge the appellants on bail. The order dated 25.02.2025 passed by the learned Special Judge, SC/ST (Prevention of Atrocities Cases), Jhalawar (Rajasthan) is quashed and set-aside and this appeal is accordingly allowed. It is directed that accused-appellants namely (1) [2025:RJ-JP:10729] (3 of 3) [CRLAS-604/2025] Gulab Chand Son Of Kesrilal, (2) Pappu Son Of Kesrilal & (3) Bhuralal @ Dilkhush Son Of Gulab Chand shall be released on bail provided each of them furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each to the satisfaction of the learned trial Court with the stipulation that they shall appear before that Court and any Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so and shall comply with all the conditions laid down under Section 437(3) Cr.P.C./480(3) B.N.S.S. (UMA SHANKER VYAS),J YOGESH KUMAR /397